Two Department of Health top officials have been demoted for a year for their roles in the Digital Vibes communications contract scandal that sank former Health Minister Zweli Mkhize, a penalty regarded by the National Education, Health and Allied Workers’ Union (Nehawu) as insufficient, and a mere slap on the wrist.
Suspended spokesperson Popo Maja and deputy director-general of health regulation and compliance Anban Pillay will both be demoted after a disciplinary process that probed their roles in the R150m affair.
News24 reports that in the findings of the disciplinary proceedings, Mkhize, who resigned from the portfolio in August, was mentioned only three times in Pillay’s testimony, and none of the charged officials had implicated him. He was cited as having approved two work plans – one in January 2020 and another in June of that year.
On 15 July, the department, in a letter through the office of the State Attorney, informed the chairperson of the hearing, Advocate Pule Seleka SC, that the department had agreed with Pillay and Maja “on suitable alternatives, short of dismissal”, said State Attorney Sindi Gejengane. Seleka was expected to confirm the sanctions as a ruling.
“Pillay will be demoted from deputy director-general to chief director responsible for overseeing state entities that fall within the national Department of Health and incidental responsibilities that will be communicated to him. The demotion will ensue for 12 months from the date of his return from suspension,” said Gejengane.
“Maja will be demoted from chief director to director and his duties and responsibilities will be communicated to him by the director-general of the national Department of Health.” Maja would no longer be the spokesperson for the department.
The recommendations also stated that the official who had signed the Digital Vibes agreement, Shireen Pardesi, already had an agreed sanction.
Gross misconduct
The department has preferred several charges against each employee, with gross misconduct as a member of the bid evaluation committee being common to all three. There were four charges each against Pillay and Maja, and only two against Pardesi.
The employees pleaded not guilty to all the charges. However, during cross-examination of Maja, he conceded misconduct in respect of charge 2 brought against him, relating to negligence.
It was also alleged that Pillay and Pardesi had “intentionally, alternatively negligently, permitted the service-level agreement to include a clause which was interpreted and implemented as a monthly retainer fee of R2.5m (without the need for Digital Vibes to actually perform any work) and an option of renewing the agreement annually for a maximum of three years, contrary to the recommendation of the national Department of Health bid adjudication committee, without seeking approval from it in this regard”.
Both were found guilty, but Pardesi for negligence. Two other charges against Pillay could not be established.
Maja was found guilty of three charges against him, including certifying an invoice/s amounting to more than R80m and initiating the request for the extension of the service-level agreement with Digital Vibes. However, he was not found guilty of acting contrary to the provisions of the agreement by approving or recommending payments to Digital Vibes for services performed by it.
However, the National Education, Health and Allied Workers’ Union (NEHAWU) is angry that demotion was the only punishment meted out to the two.
Lwazi Nkolonzi, national spokesperson for NEHAWU, wrote in PoliticsWeb that “we are vehemently opposed to this shocking decision to demote the two officials”. He said the scandal cost taxpayers millions of rands.
“We expected the department to send a clear message by taking corrective measures as a sign that it does not tolerate any acts of gross misconduct, corruption and mismanagement of public resources.
“We are dismayed that it can …. retain in its employ the two individuals found guilty in a scandal that not only embarrassed and brought the department into disrepute, but also exposed the rot and malfeasance that occurred at the peak of COVID-19 when the country needed at its disposal every available resource to fight the pandemic.”
More infuriating, he added, was that “the department had assured the public that all those implicated and found to have committed wrong would be dealt with accordingly, however the opposite instead has occurred with the decision to demote the two officials".
He called this “a slap on the wrist which does not send a strong message to society about clean governance and administration of public resources”.
“We call on the department to act accordingly against the two officials and on law enforcement agencies to move with speed in prosecuting all those involved in the scandal.”
News24 article – Digital Vibes scandal claims two top officials (Open access)
See more from MedicalBrief archives:
SIU apologises for long delay in transcribing Digital Vibes recordings
Digital Vibes: Mkhize aides said to be ready to co-operate with SIU
Health DG cleared in Digital Vibes contract probe and returns to work
Health oversight committee ‘shielded’ Mkhize during Digital Vibes scandal